Compromise is admitted which became part of the
order, which stipulated the withdrawal of the suit
by the respondent. Under section 36 Civil
Procedure Code, 1908, the provisions of the Code
relating to the execution of decree are also
applicable to orders. Even if there was no decree
in existence an order disposing of the suit in terms
of the compromise is very much there, binding
upon and operative qua the parties. In Kilachand
Devchand and Co. V. Ajodhuaprasad
Sukhamnand and others AIR 1934 Bombay 452,
it was observed that if the Court had jurisdiction
to make the order it had necessarily the power
and jurisdiction to enforce the same and the law
does not allow its machinery to be clogged in this
respect.
2003 CLC 1306
USed In Judgment Of
Lahore High Court
Civil Revision
922439.2224-07
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